74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 265
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Advocacy Center)
CHAPTER ................
AN ACT
Relating to reporting to Department of Human Services regarding
psychiatric treatment methods; amending ORS 430.021.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.021 is amended to read:
430.021. Subject to ORS 417.300 and 417.305:
(1) The Department of Human Services shall direct, promote,
correlate and coordinate all the activities, duties and direct
services for the mentally or emotionally disturbed, mentally
retarded and developmentally disabled, alcoholic and
drug-dependent persons; and promote, correlate and coordinate the
mental health and developmental disabilities activities of all
governmental organizations throughout the state in which there is
any direct contact with mental health and developmental
disabilities programs.
(2) The department shall develop cooperative programs with
interested private groups throughout the state to effect better
community awareness and action in the field of mental health and
developmental disabilities, and encourage and assist in all
necessary ways community general hospitals to establish
psychiatric services.
(3) To the greatest extent possible, the least costly settings
for treatment, outpatient services and residential facilities
shall be widely available and utilized except when
contraindicated because of individual health care needs. State
agencies that purchase treatment for mental or emotional
disturbances shall develop criteria consistent with this policy.
In reviewing applications for certificates of need, the Director
of Human Services shall take this policy into account.
(4) The department shall establish, coordinate, assist and
direct a community mental health and developmental disabilities
program in cooperation with local government units and integrate
such a program with the total state mental and developmental
disabilities health program.
(5) The department shall promote public education in the state
concerning mental health and developmental disabilities and act
as the liaison center for work with all interested public and
private groups and agencies in the field of mental health and
developmental disabilities services.
Enrolled Senate Bill 265 (SB 265-A) Page 1
(6) The department shall accept the custody of persons
committed to its care by the courts of this state.
{ + (7) The department shall adopt rules to require a
facility and a nonhospital facility as those terms are defined in
ORS 426.005, and a provider that employs a person described in
ORS 426.415, if subject to department rules regarding the use of
restraint or seclusion during the course of mental health
treatment of a child or adult, to report to the department each
calendar quarter the number of incidents involving the use of
restraint or seclusion. The aggregate data shall be made
available to the public. + }
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Passed by Senate April 4, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 10, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 265 (SB 265-A) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 265 (SB 265-A) Page 3